Generally, employers should only provide dates of employment, whether the employee was terminated or resigned, and whether the employer would re-hire the employee. Employers who give any additional information could be held liable for defamatory or negligent referrals. Most employers may be surprised to hear that they could be held liable for giving good references. Special rules apply regarding references for employees working in certain industries such as teachers, police officers, doctors and other safety sensitive positions. If you been asked for a referral and do not know what to say, please contact us for advice.
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